Spansion LLC

Complaint for Patent Infringement
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Andrew N. Thomases (Bar No. 177339)
ROPES & GRAY LLP
1900 University Avenue, 6th Floor
East Palo Alto, California 94303-2284
Telephone: (650) 617-4000
Facsimile: (650) 617-4090
Email: andrew.thomases@ropesgray.com

Stephen J . Rosenman (Bar No. 170220)
Nicole M. J antzi (pro hac vice application pending)
Paul M. Schoenhard (pro hac vice application pending)
Matthew J . Rizzolo (pro hac vice application pending)
ROPES & GRAY LLP
One Metro Center
700 12
th
St., NW, Suite 900
Washington, DC 20005
Telephone: (202) 508-4600
Facsimile: (202) 508-4650
Email: stephen.rosenman@ropesgray.com
nicole.jantzi@ropesgray.com
paul.schoenhard@ropesgray.com
matthew.rizzolo@ropesgray.com

Attorneys for Plaintiff
SPANSION LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SPANSION LLC,
Plaintiff,
v.
MACRONIX INTERNATIONAL CO., LTD.;
MACRONIX AMERICA, INC.;
ACER INC.;
ACER AMERICA CORPORATION;
ADT CORPORATION;
AMAZON.COM, INC.;
ASROCK INC.;
ASROCK AMERICA, INC.;
ASUSTEK COMPUTER INC.;
ASUS COMPUTER
INTERNATIONAL (AMERICA);
BELKIN INTERNATIONAL, INC.;
D-LINK CORPORATION;
D-LINK SYSTEMS;
LEAP MOTION, INC.;
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Case No.

COMPLAINT FOR
PATENT INFRINGEMENT

DEMAND FOR JURY TRIAL

Complaint for Patent Infringement

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LOWES COMPANIES, INC.;
LOWES HOME CENTERS, INC.;
MICROSOFT CORP.;
NINTENDO CO. LTD.;
NINTENDO OF AMERICA, INC.;
SERCOMM CORPORATION;
VONAGE HOLDINGS CORP.;
VONAGE AMERICA INC.;
VONAGE MARKETING LLC,
Defendants.
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Complaint for Patent Infringement 1

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Plaintiff Spansion LLC (Spansion), for its Complaint against Defendants
Macronix International Co., Ltd. and Macronix America, Inc. ( Macronix Defendants); Acer
Inc. and Acer America Corporation (Acer Defendants); ADT Corporation (ADT);
Amazon.com, Inc. (Amazon); ASRock Inc. and ASRock America, Inc. (ASRock
Defendants); ASUSTek Computer Inc. and ASUS Computer International (America) (Asus
Defendants); Belkin International, Inc. (Belkin); D-Link Corporation and D-Link Systems
(D-Link Defendants); Leap Motion, Inc. (Leap Motion); Lowes Companies, Inc. and
Lowes Home Centers, Inc. (Lowes Defendants); Microsoft Corp. (Microsoft); Nintendo
Co. Ltd. and Nintendo of America, Inc. (Nintendo Defendants); Sercomm Corporation
(Sercomm); Vonage Holdings Corp., Vonage America Inc., and Vonage Marketing LLC
(Vonage Defendants) (collectively, Defendants), upon personal knowledge as to its own
actions and upon information and belief as to actions by others, hereby alleges as follows:
INTRODUCTION
1. This is an action for patent infringement brought before this Court pursuant to 28
U.S.C. 1331 and 1338(a). Spansion seeks remedies for Defendants infringement of one or
more claims of U.S. Patent Nos. 6,246,611 (the 611 Patent), 6,399,446 (the 446 Patent),
6,436,766 (the 766 Patent), and 6,744,666 (the 666 Patent) (collectively, the Spansion
Patents). True and correct copies of the Spansion Patents are attached hereto as Exhibits A
through D.
PARTIES
2. Spansion LLC is a wholly owned operating subsidiary company of Spansion, Inc.
Spansion LLC is incorporated in Delaware and its headquarters are located at 915 DeGuigne
Drive, Sunnyvale, CA 94085. Spansion LLC is the owner of the Spansion Patents.
3. Upon information and belief, Macronix International Co., Ltd., is a corporation
organized under the laws of Taiwan, having its principal place of business at No. 16, Li-Hsin
Road, Science Park, Hsin-chu, Taiwan. Macronix International Co., Ltd., makes, uses, sells,


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offers to sell, and imports certain Macronix non-volatile memory chips that infringe the
Spansion Patents (Macronix Chips) in this District.
4. Upon information and belief, Macronix America, Inc., is a corporation organized
under the laws of the State of California, having its principal place of business at 680 North
McCarthy Blvd., Suite 200, Milpitas, CA 95035. Macronix America, Inc., uses, sells, offers to
sell, and imports the Macronix Chips that infringe the Spansion Patents in this District.
5. Upon information and belief, Acer Inc. is a corporation organized under the laws
of Taiwan and has its principal place of business at 8F, 88, Sec. 1, Xintai 5th Rd., Xizhi, New
Taipei City 221, Taiwan. Acer Inc. sells its products, including those that contain Macronix
Chips, in this District.
6. Upon information and belief, Acer America Corporation is a corporation
organized under the laws of the State of California and has its principal place of business at 333
West San Carlos Street, Suite 1500, San J ose, CA 95110. Acer America Corporation is a
wholly-owned subsidiary of Acer Inc. Acer America Corporation sells its products, including
those that contain Macronix Chips, in this District.
7. Upon information and belief, ADT Corporation is a corporation organized under
the laws of the State of Florida and has its principal place of business at 1501 Yamato Road,
Boca Raton, FL 33431. ADT sells its products, including those that contain Macronix Chips, in
this District.
8. Upon information and belief, Amazon.com, Inc.is a corporation organized under
the laws of the State of Delaware and has its principal place of business at 410 Terry Avenue
North, Seattle, WA 98109. Amazon sells its products, including those that contain Macronix
9. Upon information and belief, ASRock Inc. is a corporation organized under the
laws of Taiwan and has its principal place of business at 2F No. 37, Sec. 2, J hongyang S. Rd.,
Beitou District, Taipei City 112, Taiwan. ASRock Inc. sells its products, including those that
contain Macronix Chips, in this District.


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10. Upon information and belief, ASRock America, Inc. is a corporation organized
under the laws of the State of California and has its principal place of business at 13848
Magnolia Ave., Chino, CA 91710. It is a wholly-owned subsidiary of ASRock Inc. ASRock
America, Inc. sells its products, including those that contain Macronix Chips, in this District.
11. Upon information and belief, ASUSTek Computer Inc. is a corporation
organized under the laws of Taiwan and has its principal place of business at No. 15, Li-Te Rd.,
Beitou District, Taipei 112, Taiwan. ASUSTek Computer Inc. sells its products, including those
that contain Macronix Chips, in this District.
12. Upon information and belief, ASUS Computer International (America) is a
corporation organized under the laws of the State of California and has its principal place of
business at 800 Corporate Way, Fremont, CA 94539. It is a wholly-owned subsidiary of
ASUSTek Computer Inc. Asus Computer International (America) sells its products, including
13. Upon information and belief, Belkin International, Inc. is a corporation organized
under the laws of the State of Delaware and has its principal place of business at 12045 E.
Waterfront Drive, Playa Vista, CA 90094. Belkin sells its products, including those that contain
Macronix Chips, in this District.
14. Upon information and belief, D-Link Corporation is a corporation organized
under the laws of Taiwan and has its principal place of business at No. 289, Sinhu 3rd Road,
Neihu District, Taipei City, 114 Taiwan. D-Link Corporation sells its products, including those
that contain Macronix Chips, in this District.
15. Upon information and belief, D-Link Systems is a corporation organized under
the laws of California and has its principal place of business at 17595 Mt. Herrmann Street,
Fountain Valley, California 92708. It is a wholly owned subsidiary of D-Link Corporation. D-
Link Systems sells its products, including those that contain Macronix Chips, in this District.
16. Upon information and belief, Leap Motion, Inc. is a corporation organized under
the laws of the State of Delaware and has its principal place of business at 333 Bryant Street,


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Suite LL150, San Francisco, CA 94107. Leap Motion sells its products, including those that
contain Macronix Chips, in this District.
17. Upon information and belief, Lowes Companies, Inc. is a corporation organized
under the laws of the State of North Carolina and has its principal place of business at 1000
Lowes Blvd., Mooresville, NC 28117. Lowes Companies, Inc. sells its products, including
18. Upon information and belief, Lowes Home Centers, Inc. is a corporation
organized under the laws of the State of North Carolina and has its principal place of business at
1605 Curtis Bridge Rd., Wilkesboro, NC 28117. Lowes Home Centers, Inc. sells its products,
including those that contain Macronix Chips, in this District.
19. Upon information and belief, Microsoft Corp. is a corporation organized under
the laws of the State of Washington and has its principal place of business at One Microsoft
Way, Redmond, WA 98052. Microsoft sells its products, including those that contain Macronix
20. Upon information and belief, Nintendo Co. Ltd. is a corporation organized under
the laws of J apan and has its principal place of business at 11-1 Kamitobo-hokotate-cho,
Minami-ku, Kyoto, J apan. Nintendo Co., Ltd. sells its products, including those that contain
21. Upon information and belief, Nintendo of America, Inc. is a corporation
organized under the laws of the State of Washington and has its principal place of business at
4600 150th Avenue NE, Redmond, Washington 98052. It is a wholly-owned subsidiary of
Nintendo Co., Ltd. Nintendo of America, Inc. sells its products, including those that contain
22. Upon information and belief, Sercomm Corporation is a corporation organized
under the laws of Taiwan and has its principal place of business at 8F, No. 3-1, Yuan Qu St.,
Nan Kang, Taipei 115, Taiwan. Sercomm maintains an additional place of business at 42808
Christy St. STE 231 Fremont, CA 94538. Sercomm Corporation sells its products, including


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23. Upon information and belief, Vonage Holdings Corp. is a corporation organized
under the laws of the State of Delaware and has its principal place of business at 23 Main Street,
Holmdel, NJ 07733. Vonage Holdings Corp. sells its products, including those that contain
24. Upon information and belief, Vonage America Inc. is a corporation organized
under the laws of the State of Delaware and has its principal place of business at 23 Main Street,
Holmdel, NJ 07733. Vonage America Inc. sells its products, including those that contain
25. Upon information and belief, Vonage Marketing LLC is a limited liability
company organized under the laws of the State of Delaware and has its principal place of
business at 23 Main Street, Holmdel, NJ 07733. Vonage Marketing LLC sells its products,
including those that contain Macronix Chips, in this District.
JURISDICTION AND VENUE
26. This action arises under the patent laws of the United States, Title 35 of the
United States Code. This Court has exclusive subject matter jurisdiction under 28 U.S.C.
1331 and 1338(a).
27. This Court has personal jurisdiction over Defendants for at least the following
reasons: (i) upon information and belief, Defendants have committed acts of patent
infringement, and/or contributed to or induced acts of patent infringement by others, in this
District and elsewhere in California and the United States; (ii) Defendants regularly do business,
solicit business, engage in other persistent courses of conduct, and/or derive substantial revenue
from products and/or services provided to individuals in this District and in this State;
(iii) Defendants have purposefully established substantial, systematic, and continuous contacts
with this District and expect or should reasonably expect to be sued here; (iv) and, for
Defendants Macronix America, Inc., Acer America Corporation, Asus Computer International
(America), and Leap Motion, each has its principal place of business, and Defendant Sercomm
maintains a place of business, in the Northern District of California.


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28. Venue is proper in this District under 28 U.S.C. 1391(b) and (c) and 1400(b)
because Defendants transact business in this District, are subject to personal jurisdiction in this
District, and have committed acts of infringement in this District.
INTRADISTRICT ASSIGNMENT
29. This is an Intellectual Property Action to be assigned on a district-wide basis
pursuant to Civil Local Rule 3-2(c).
BACKGROUND
30. Spansion is a leading provider of the non-volatile memory technology at the
heart of the worlds electronics systems. It is dedicated to designing, developing,
manufacturing, marketing, and selling non-volatile memory solutions. Spansion designs,
develops, and manufactures various types of non-volatile memory, including a type of
electrically erasable programmable read-only memory commonly known as flash memory. It
is also one of the last major manufacturers of non-volatile memory remaining in the United
States, with its headquarters in Sunnyvale, California, and fabrication and testing facilities in
Austin, Texas. Spansion has over $900 million in net sales each year.
31. Spansion designs, develops, manufactures, markets, licenses, and sells non-
volatile memory technology and solutions for retail, commercial, and institutional customers
worldwide. Its non-volatile memory products primarily store data and software code for
microprocessors, controllers and other programmable semiconductors which run applications in
a broad range of electronics systems. These electronic systems include, for example, computing
and communications, automotive and industrial, consumer and gaming, wireless and machine-
to-machine devices. Spansion manufactures and is in the process of further developing non-
volatile memory products that use the technology claimed in the Spansion Patents.
32. Spansion devotes substantial resources to its highly sophisticated research and
development program in the United States, and as a result, is a leading innovator in the non-
volatile memory technology industry. For example, Spansion has developed a revolutionary 2-
bits-per-cell, charge-trapping non-volatile memory technology called MirrorBit, which is
designed to provide superior cell size and scalability. Using MirrorBittechnology, Spansion


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introduced the industrys first 8Gb monolithic NOR product in early 2013. Charge trapping
technology, including Spansions MirrorBit technology, is widely described as the next
generation of flash memory. Spansion has also developed various technologies that make non-
volatile memory manufacturing more efficient and help increase the density and capacity of
non-volatile memory devices.
33. Spansions ability to compete and its success as a company depend on its ability
to innovate and to protect these innovations. To that end, Spansion spends substantial sums on
research and development each year in products protected by the Spansion Patents. Spansion
has made significant investments in the manufacture of products covered by its patents here in
this District. Spansion also expects to invest even more in products that benefit from its
ongoing research and development based on the technology covered by the Spansion Patents.
34. Spansions ability to compete also depends on protecting its inventions through
patents. Spansions long-term financial success depends, in significant part, on its ability to
establish, maintain, and protect its proprietary technology through enforcement of its patent
rights. That ability has been significantly compromised by the acts complained of in this
Complaint.
ASSERTED PATENTS
35. Spansion is the owner by assignment of all rights, title, and interest in the
Spansion Patents, including the right to bring this suit for injunctive relief and damages.
36. The 611 Patent, titled System for erasing a memory cell, was duly and legally
issued by the United States Patent and Trademark Office on J une 12, 2001.
37. The 446 Patent, titled Process for fabricating high density memory cells using a
metallic hard mask, was duly and legally issued by the United States Patent and Trademark
Office on J une 4, 2002.
38. The 766 Patent, titled Process for fabricating high density memory cells using a
polysilicon hard mask, was duly and legally issued by the United States Patent and Trademark
Office on August 20, 2002.


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39. The 666 Patent, titled Method and system to minimize page programming time
for flash memory devices, was duly and legally issued by the United States Patent and
Trademark Office on J une 1, 2004.
FACTS COMMON TO ALL COUNTS
The Spansion Patents
40. In general, the Spansion Patents cover various aspects of a type of electronic
memory known as non-volatile memory, which retains information even in the absence of a
power source. Even without power, a single non-volatile memory cell can retain information
for many years. For example, in cell phones, personal information such as names and telephone
numbers and multimedia such as music, video, and photos can be stored in the phones non-
volatile memory and will remain in that memory even when the phone is turned off. In contrast,
other types of computer memory, such as dynamic random-access memory (DRAM), lose
data if electrical power is removed.
41. Certain types of electrically erasable and programmable non-volatile memory
cells, commonly known as flash memory, store information in the form of electrical charge(s).
Thus, conventional flash memory cells are programmed by injecting electrons (the charge) into
the cell. Conversely, a flash memory cell is erased by removing the electrons. A flash memory
cell can be read to determine the presence or absence of electrical charge(s).
42. When evaluating electrically erasable and programmable non-volatile memory
solutions such as flash memory, manufacturers consider cost (typically expressed in cost per bit
of information), read/write access time, endurance (i.e., number of read/write cycles that a
product can tolerate before malfunctioning), and long-term data retention.
43. The technologies described in the Spansion Patents relate generally to systems
and methods for fabricating memory devices, and for programming and erasing non-volatile
memory devices, enabling the devices to operate in a faster, less expensive, and more reliable
manner.


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The Accused Products
44. Based on currently available information, the accused Macronix Chips include
the Macronix Generation E NOR Flash Memory (110 nm Technology Node) family of products,
the Macronix Generation F NOR Flash Memory (75 nm Technology Node) family of products,
and the Macronix XtraROM Flash Memory family of products, including, but not limited to, the
Macronix Chips identified below in paragraphs 49 to 51.
45. Based on currently available information, the accused products also include
consumer electronic products that contain an accused Macronix Chip, including, but not limited
to, laptop computers, tablet computers, digital cameras, telephone adapters, routers, wireless
controllers, game cartridges, and game consoles.
46. Macronixs literature groups non-volatile memory products by family and
generation. See, e.g., Macronix Product Selection Guide, attached hereto as Exhibit E. Each
Macronix NOR Chip is designated with the generation to which it belongs. Id. Further, upon
information and belief, each generation of Macronix Chips refers to a different technology
node. A technology node refers to the process used to fabricate the chip and each process
generally results in the size of the features (individual elements such as transistors) that make up
the structures on a non-volatile memory chip being a certain size (e.g., 75 nm, 110 nm, 130 nm,
etc., where nm means nanometer). Therefore, the process used to manufacture a 110 nm chip
is known as a 110 nm process technology. It can also be referred to as a 110 nm technology
node or 110 nm process node.
47. Upon information and belief, all Macronix Chips within each of Macronixs
respective generations, or technology nodes, are manufactured by similar processes and have
substantially similar structure as well as electrical characteristics of individual components such
as the core cell and periphery transistors. Within each technology node, Macronixs products
can be further separated, e.g., into Serial NOR Flash Memory and Parallel NOR Flash Memory
categories based on the interface architecture. The Parallel NOR Flash Memory category can be
subdivided into page-mode and standard-mode.


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48. The Macronix Chips at issue can be grouped into the following generations of
non-volatile memory chips (although this list is not intended to be exhaustive):
Generation F Macronix 75 nm NOR Flash Technology Node,
Generation E Macronix 110 nm NOR Flash Technology Node, and
Macronix XtraROM Family
49. On information and belief, the following is a non-exhaustive list of Macronix
Chips in the Macronix 75 nm NOR Flash Technology Node:
Macronix Chip Family Generation F
MX25L12835F MX66U51235F MX29GA128FH/L
MX25L12873F MX29VS128F MX29GA129FH/L
MX25L25635F MX29GL128FH/L MX29GA256FH/L
MX25L25735F MX29GL128FU/D MX29GA257FH/L
MX66L51235F MX29GL256FH/L MX29GA512FH/L
MX25U1635F MX29GL256FU/D MX68GA1G0FH/L
MX25U3235F MX29GL512FH/L MX25L12855F
MX25U6435F MX29GL512FU/D MX25L25655F
MX25U12835F MX29GL1G0FH/L

MX25U25635F MX29GL1G0FU/D

Chips in the Macronix 110 nm NOR Flash Technology Node:


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Macronix Chip Family Generation E
MX25L512E MX25L3235E MX29GL640EH/L
MX25L5121E MX25L3273E MX29GL640ET/B
MX25L1006E MX25L6435E MX29GL128EH/L
MX25L1021E MX25L6473E MX29LA320EH/L
MX25L2006E MX25V512E MX29LA640EH/L
MX25L4006E MX25V1006E MX29GA320EH/L
MX25L6406E MX25U2033E MX25L1608E
MX25L1026E MX25U4033E MX25L3208E
MX25L2026E MX25U8033E MX25L3255E
MX25L4026E MX29LV320ET/B MX25L6408E
MX25L8035E MX29LV640ET/B MX25L6456E
MX25L8036E MX29NS320E
25L1001
25L4001
MX25L12845E
MX25L1635E MX29GL256EH/L

MX25L1636E MX29GL320EH/L

MX25L1673E MX29GL320ET/B

Chips in the Macronix XtraROM Family:
Macronix Chip Family XtraROM
MX23J 512 MX23J 1G MX23J 2G MX23J 4G
52. Upon information and belief, as to the technology at issue in the 611 Patent, all
Macronix NOR Flash Memory chips within a node operate in the same manner, as the 611
Patent relates to the operation of the core cell, which has substantially similar characteristics
within a node. Any differences are not relevant to the 611 Patent.
53. Upon information and belief, as to the technology at issue in the asserted 446
and 766 Patents, all Macronix XtraROM chips are fabricated in the same manner. Any
differences are not relevant to the 446 Patent or the 766 Patent.
54. Upon information and belief, as to the technology at issue in the 666 Patent, all
Macronix Page-Mode Parallel NOR Flash Memory chips within a node operate in the same


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manner, and all Macronix Serial NOR Flash Memory chips within a node operate in the same
manner. Any differences are not relevant to the 666 Patent.
55. Upon information and belief, Macronix manufactures the infringing Macronix
Chips and imports them into the United States for sale in the United States.
56. Upon information and belief, Macronix sells the infringing Macronix Chips to
third parties, including the non-Macronix Defendants, for inclusion in consumer electronic
products, which are imported into and/or offered for sale or sold in the United States.
COUNT I
(INFRINGEMENT OF THE 611 PATENT)
57. Plaintiff incorporates by reference paragraphs 1 through 56 above as if fully set
forth herein.
Macronix Defendants
58. The Macronix Defendants have infringed, and continue to infringe, at least
claims 1-7 and 9-13 of the 611 Patent, either literally or under the doctrine of equivalents, by
making, using, offering for sale, and selling within the United States, and/or importing into the
United States, products that practice the inventions claimed in the 611 patent, including, but not
limited to, the Macronix Generation E NOR Flash Memory (110 nm Technology Node) family
of products and/or the Macronix Generation F NOR Parallel Flash Memory (75 nm Technology
Node) family of products. A chart demonstrating how each of the Macronix Generation E NOR
Serial Flash Memory (110 nm Technology Node) family of products and the Macronix
Generation F NOR Flash Memory (75 nm Technology Node) family of products satisfies
exemplary claim 1 of the 611 Patent, is attached as Exhibit M (under seal).
59. Upon information and belief, the Macronix Defendants have directly contributed
to and/or induced infringement of the 611 Patent through supplying infringing components to
their customers. The Macronix Defendants customers, downstream companies, and/or
customers of downstream companies who purchased such components and operate such
components in accordance with the Macronix Defendants instructions directly infringe one or
more of claims 1-7 and 9-13 of the 611 Patent in the United States.


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60. Upon information and belief, the Macronix Defendants were aware of the 611
Patent or will have knowledge of the 611 Patent and their infringing activity based on the
public filing of this Complaint.
61. Upon information and belief, the Macronix Defendants have indirectly infringed
and continue to indirectly infringe the 611 Patent by actively inducing others, including at least
the Acer Defendants, ADT, Amazon, the ASRock Defendants, the Asus Defendants, Belkin, the
D-Link Defendants, Leap Motion, the Lowes Defendants, Microsoft, the Nintendo Defendants,
Sercomm and the Vonage Defendants, to offer for sale and/or sell within the United States,
and/or import into the United States, devices containing the infringing Macronix Chips.
62. Upon information and belief, the Macronix Defendants have also indirectly
infringed and continue to indirectly infringe the 611 Patent by actively inducing others,
including at least the Acer Defendants, ADT, Amazon, the ASRock Defendants, the Asus
Defendants, Belkin, the D-Link Defendants, Leap Motion, the Lowes Defendants, Microsoft,
the Nintendo Defendants, Sercomm and the Vonage Defendants, and/or end-users of consumer
devices containing the Macronix Chips, to perform some or all of the steps of the method claims
of the 611 Patent.
63. Upon information and belief, the Macronix Defendants specifically intend to
induce the direct infringement of the 611 Patent by instructing and encouraging their customers
and downstream companies to use the Macronix Chips. Such instructions and encouragement
include but are not limited to advising third parties to use the Macronix Chips in an infringing
manner, advertising and promoting the use of the Macronix Chips in an infringing manner, and
distributing guidelines and instructions to third parties on how to use the Macronix Chips in an
infringing manner.
64. The Macronix Defendants encourage downstream companies worldwide to
switch from Spansion chips to the infringing Macronix Chips. For example, the Macronix
Defendants publicly publish and maintain a series of Application Notes explaining and directing
how to do so. Exhibit F. One such Application Note is entitled Replacing Spansion


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S25FL128S with Macronix MX25L12835F, and teaches the Macronix Defendants customers
how to replace Spansion products with infringing Macronix Chips. Exhibit G.
65. The Macronix Defendants include instructions with the Macronix Chips and on
their web site teaching users of the Macronix Chips to install and use the Macronix Chips. See
Macronix Datasheets, Exhibits H-L. For example, the Macronix Defendants provide
instructions on their web site and with the Macronix Chips teaching users how to perform an
erase operation using the Macronix Chips. See, e.g., MX29GL128F Datasheet, Exhibit J , at 19.
When Macronixs customers use Macronix Chips in their intended manner, as described in
Exhibit M, the Macronix customers directly infringe the asserted claims of the 611 Patent.
66. The Macronix Defendants have had knowledge of the 611 Patent at least as of
the filing of this Complaint and, by continuing the actions described above, knew that the acts
that they encouraged others to take infringed the 611 Patent.
67. Upon information and belief, the Macronix Defendants also contribute to the
infringement of others by offering to sell, selling within the United States, and/or importing into
the United States the Macronix Chips that constitute a material part of the invention claimed in
the 611 Patent, knowing the same to be especially made and/or adapted for use in an
infringement of the 611 Patent, and not staple articles of commerce suitable for substantial non-
infringing use. The Macronix Chips are specially designed to infringe the asserted claims of the
611 Patent and have no substantial non-infringing uses.
68. The Macronix Defendants infringing activities have caused and will cause
Spansion irreparable harm for which there is no adequate remedy at law and damages in an
amount yet to be determined for which Spansion is entitled to relief. Under 35 U.S.C. 283
and 284, Spansion is entitled to recover damages, as well as permanent injunctive relief against
further infringing activity.
Acer Defendants
69. The Acer Defendants have infringed, and continue to infringe, the 611 Patent by


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United States, electronic devices that contain infringing Macronix Chips, including but not
limited to the Acer Aspire V5 laptop computer.
70. The Acer Defendants infringing activities have caused and will cause Spansion
irreparable harm for which there is no adequate remedy at law and damages in an amount yet to
be determined for which Spansion is entitled to relief. Under 35 U.S.C. 283 and 284,
Spansion is entitled to recover damages, as well as permanent injunctive relief against further
infringing activity.
ADT
71. ADT has infringed, and continues to infringe, the 611 Patent by making, using,
offering for sale, and selling within the United States, and/or importing into the United States,
electronic devices that contain infringing Macronix Chips, including but not limited to the ADT
NV412A-ADT pulse video encoder.
72. ADTs infringing activities have caused and will cause Spansion irreparable
harm for which there is no adequate remedy at law and damages in an amount yet to be
determined for which Spansion is entitled to relief. Under 35 U.S.C. 283 and 284, Spansion
is entitled to recover damages, as well as permanent injunctive relief against further infringing
activity.
Amazon
73. Amazon has infringed, and continues to infringe, the 611 Patent by making,
using, offering for sale, and selling within the United States, and/or importing into the United
States, electronic devices that contain infringing Macronix Chips, including but not limited to
the Amazon Kindle Paperwhite e-reader.
74. Amazons infringing activities have caused and will cause Spansion irreparable
activity.


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ASRock Defendants
75. The ASRock Defendants have infringed, and continue to infringe, the 611 Patent
by making, using, offering for sale, and selling within the United States, and/or importing into
the United States, electronic devices that contain infringing Macronix Chips, including but not
limited to the ASRock X79 Extreme 11 motherboard.
76. The ASRock Defendants infringing activities have caused and will cause
Asus Defendants
77. The Asus Defendants have infringed, and continue to infringe, the 611 Patent by
limited to the Asus RT-56U and RT-N16 routers.
78. The Asus Defendants infringing activities have caused and will cause Spansion
Belkin
79. Belkin has infringed, and continues to infringe, the 611 Patent by making, using,
electronic devices that contain infringing Macronix Chips, including but not limited to the
Belkin N600 DC router.
80. Belkins infringing activities have caused and will cause Spansion irreparable


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activity.
D-Link Defendants
81. The D-Link Defendants have infringed, and continue to infringe, the 611 Patent
limited to the D-Link DIR-655 Xtreme N Gigabit router.
82. The D-Link Defendants infringing activities have caused and will cause
Leap Motion
83. Leap Motion has infringed, and continues to infringe, the 611 Patent by making,
Leap Motion wireless controller.
84. Leap Motions infringing activities have caused and will cause Spansion
Lowes Defendants
85. The Lowes Defendants have infringed, and continue to infringe, the 611 Patent
limited to the Iris RC8221 wireless camera.


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86. The Lowes Defendants infringing activities have caused and will cause
Microsoft
87. Microsoft has infringed, and continues to infringe, the 611 Patent by making,
Microsoft Surface Pro 2.
88. Microsofts infringing activities have caused and will cause Spansion irreparable
activity.
Nintendo Defendants
89. The Nintendo Defendants have infringed, and continue to infringe, the 611
Patent by making, using, offering for sale, and selling within the United States, and/or importing
into the United States, electronic devices that contain infringing Macronix Chips, including but
not limited to Nintendo 3DS Game Cartridges and the Nintendo Wii U console.
90. The Nintendo Defendants infringing activities have caused and will cause
Sercomm
91. Sercomm has infringed, and continues to infringe, the 611 Patent by making,


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the ADT NV412-ADT pulse video encoder and the Iris RC8221 wireless camera.
92. The Sercomm Defendants infringing activities have caused and will cause
Vonage Defendants
93. The Vonage Defendants have infringed, and continue to infringe, the 611 Patent
limited to the Vonage VDV23-VD telephone adapter.
94. The Vonage Defendants infringing activities have caused and will cause
COUNT II
forth herein.
Macronix Defendants
96. The Macronix Defendants have infringed at least claims 1, 5-12, 15-17 and 20-21
of the 446 Patent by importing into the United States, or offering to sell, selling and/or using
within the United States, products which were made by a process patented in the United States
within the meaning of 35 U.S.C. 271(g). An example of such infringing products is the
Macronix XtraROM family of products. A chart illustrating how the Macronix XtraROM


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family of products satisfies exemplary claim 1 of the 446 Patent, is attached as Exhibit N
(under seal).
Nintendo Defendants
Patent by importing into the United States, or offering to sell, selling and/or using within the
United States, electronic devices that contain infringing Macronix Chips, which were made by a
process patented in the United States within the meaning of 35 U.S.C. 271(g), including but
not limited to Nintendo 3DS Game Cartridges.
COUNT III
forth herein.
Macronix Defendants
101. The Macronix Defendants have infringed at least claims 1, 4-11, 13-15, 17-18
and 22 of the 766 Patent through their importation into the United States, or their offering to
sell, selling and/or using within the United States, products which were made by a process
patented in the United States within the meaning of 35 U.S.C. 271(g). An example of such
infringing products is the Macronix XtraROM family of products. A chart illustrating how the


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Macronix XtraROM family of products satisfies exemplary claim 1 of the 766 Patent, is
attached as Exhibit O (under seal).
Nintendo Defendants
Patent by importing into the United States, or offering to sell, selling and/or using within the
United States, electronic devices that contain infringing Macronix Chips, which were made by a
process patented in the United States within the meaning of 35 U.S.C. 271(g), including but
not limited to Nintendo 3DS Game Cartridges.
COUNT IV
forth herein.
Macronix Defendants
106. The Macronix Defendants have infringed, and continue to infringe, at least
claims 1, 3-5, 8 and 10-13 of the 666 Patent, either literally or under the doctrine of
equivalents, by making, using, offering for sale, and selling within the United States, and/or
importing into the United States, products that practice the inventions claimed in the 666
patent, including, but not limited to, the Macronix Generation F NOR Page Mode Parallel Flash


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Memory (75 nm Technology Node) family of products, the Macronix Generation E NOR Page
Mode Parallel Flash Memory (110 nm Technology Node) family of products and/or the
Macronix Generation E NOR Serial Flash Memory (110 nm Technology Node) family of
products. A chart demonstrating how each of the Macronix Generation F NOR Page Mode
Parallel Flash Memory (75 nm Technology Node) family of products, the Macronix Generation
E NOR Page Mode Parallel Flash Memory (110 nm Technology Node) family of products and
the Macronix Generation E NOR Serial Flash Memory (110 nm Technology Node) family of
products satisfies exemplary 1 of the 666 Patent, is attached as Exhibit P (under seal).
107. Upon information and belief, the Macronix Defendants have directly contributed
to and/or induced infringement of the 666 Patent through supplying infringing components to
their customers. The Macronix Defendants customers, downstream companies, and/or
customers of downstream companies who purchased such components and operate such
components in accordance with the Macronix Defendants instructions directly infringe one or
more of claims 1, 3-5, 8 and 10-13 of the 666 Patent by others in the United States.
108. Upon information and belief, the Macronix Defendants were aware of the 666
Patent or will have knowledge of the 666 Patent and their infringing activity based on the
public filing of this Complaint.
109. Upon information and belief, the Macronix Defendants have indirectly infringed
and continue to indirectly infringe the 666 Patent by actively inducing others, including at least
the Acer Defendants, Amazon, the ASRock Defendants, the Asus Defendants, Belkin, the D-
Link Defendants, Leap Motion, the Lowes Defendants, Microsoft, the Nintendo Defendants
and Sercomm, to offer for sale and/or sell within the United States, and/or import into the
United States, devices containing the infringing Macronix Chips.
110. Upon information and belief, the Macronix Defendants have also indirectly
infringed and continue to indirectly infringe the 666 Patent by actively inducing others,
including at least the Acer Defendants, Amazon, the ASRock Defendants, the Asus Defendants,
Belkin, the D-Link Defendants, Leap Motion, the Lowes Defendants, Microsoft, the Nintendo


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Defendants and Sercomm, and/or end-users of consumer devices containing the Macronix
Chips, to perform some or all of the steps of the method claims of the 666 Patent.
111. Upon information and belief, the Macronix Defendants specifically intend to
induce the direct infringement of the 666 Patent by instructing and encouraging their customers
and downstream companies to use the Macronix Chips. Such instructions and encouragement
include but are not limited to advising third parties to use the Macronix Chips in an infringing
manner, advertising and promoting the use of the Macronix Chips in an infringing manner, and
distributing guidelines and instructions to third parties on how to use the Macronix Chips in an
infringing manner.
112. The Macronix Defendants encourage downstream companies worldwide to
switch from Spansion chips to the infringing Macronix Chips. For example, the Macronix
Defendants publicly publish and maintain a series of Application Notes explaining and directing
how to do so. Exhibit F. One such Application Note is entitled Replacing Spansion
S25FL128S with Macronix MX25L12835F, and teaches the Macronix Defendants customers
how to replace Spansion products with infringing Macronix Chips. Exhibit G.
113. The Macronix Defendants include instructions with the Macronix Chips and on
their web site teaching users of the Macronix Chips to install and use the Macronix Chips. See
Macronix Datasheets, Exhibits H-L. For example, the Macronix Defendants provide
instructions on their web site and with the Macronix Chips teaching users how to program the
Macronix Chips. See, e.g., MX29GL128F Datasheet, Exhibit J , at 9, 14, 18. When Macronixs
customers use Macronix Chips in their intended manner, as described in Exhibit P, the
Macronix customers directly infringe the asserted claims of the 666 Patent.
114. The Macronix Defendants have had knowledge of the 666 Patent at least as of
the filing of this Complaint and, by continuing the actions described above, knew that the acts
that they encouraged others to take infringed the 666 Patent.
115. Upon information and belief, the Macronix Defendants also contribute to the
infringement of others by offering to sell, selling within the United States, and/or importing into
the United States the Macronix Chips that constitute a material part of the invention claimed in


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the 666 Patent, knowing the same to be especially made and/or adapted for use in an
infringement of the 666 Patent, and not staple articles of commerce suitable for substantial non-
infringing use. The Macronix Chips are specially designed to infringe the asserted claims of the
666 Patent and have no substantial non-infringing uses.
Acer Defendants
117. The Acer Defendants have infringed, and continue to infringe, the 666 Patent by
limited to the Acer Aspire V5 laptop computer.
118. The Acer Defendants infringing activities have caused and will cause Spansion
Amazon
119. Amazon has infringed, and continues to infringe, the 666 Patent by making,
the Amazon Kindle Paperwhite e-reader.
120. Amazons infringing activities have caused and will cause Spansion irreparable


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activity.
ASRock Defendants
121. The ASRock Defendants have infringed, and continue to infringe, the 666 Patent
limited to the ASRock X79 Extreme 11 motherboard.
122. The ASRock Defendants infringing activities have caused and will cause
Asus Defendants
123. The Asus Defendants have infringed, and continue to infringe, the 666 Patent by
limited to the Asus RT-N16 router.
124. The Asus Defendants infringing activities have caused and will cause Spansion
Belkin
125. Belkin has infringed, and continues to infringe, the 666 Patent by making, using,
electronic devices that contain infringing Macronix Chips, including but not limited to the
Belkin N600 DC router.


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126. Belkins infringing activities have caused and will cause Spansion irreparable
activity.
D-Link Defendants
127. The D-Link Defendants have infringed, and continue to infringe, the 666 Patent
limited to the D-Link DIR-655 Xtreme N Gigabit router.
128. The D-Link Defendants infringing activities have caused and will cause
Leap Motion
129. Leap Motion has infringed, and continues to infringe, the 666 Patent by making,
the Leap Motion wireless controller.
130. Leap Motions infringing activities have caused and will cause Spansion
Lowes Defendants
131. The Lowes Defendants have infringed, and continue to infringe, the 666 Patent


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limited to the Iris RC8221 wireless camera.
132. The Lowes Defendants infringing activities have caused and will cause
Microsoft
133. Microsoft has infringed, and continues to infringe, the 666 Patent by making,
the Microsoft Surface Pro 2.
134. Microsofts infringing activities have caused and will cause Spansion irreparable
activity.
Nintendo Defendants
Patent by making, using, offering for sale, and selling within the United States, and/or importing
into the United States, electronic devices that contain infringing Macronix Chips, including but
not limited to Nintendo 3DS Game Cartridges and the Nintendo Wii U console.
Sercomm


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137. Sercomm has infringed, and continues to infringe, the 666 Patent by making,
Iris RC8221 wireless camera.
138. Sercomms infringing activities have caused and will cause Spansion irreparable
activity.


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PRAYER FOR RELIEF
WHEREFORE, Spansion respectfully requests:
A. Entry of judgment that Defendants have infringed, directly and indirectly, one or
more claims of the Spansion Patents;
B. A judgment and order permanently enjoining the Macronix Defendants, and the
directors, officers, agents, servants and employees of each of the Macronix
Defendants, and those acting in active concert or participation with the Macronix
Defendants from infringing, directly or indirectly, the Spansion Patents;
C. A judgment and order permanently enjoining the Defendants and each
Defendants parent corporations, subsidiaries and affiliates from making, using,
offering for sale and selling within the United States, and/or importing into the
United States, electronic devices that contain infringing Macronix Chips;
D. Damages to compensate Spansion for Defendants infringement, including all
compensatory damages incurred in this case, including all pre-judgment and
post-judgment interest and enhanced damages;
E. An award of reasonable attorneys fees under 35 U.S.C. 285;
F. Such other and further relief as this Court may deem just and proper.

April 28, 2014 /s/ Andrew N. Thomases
ROPES & GRAY LLP
Telephone: (650) 617-4000
Facsimile: (650) 617-4090

SPANSION LLC


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DEMAND FOR JURY TRIAL
Plaintiff Spansion LLC demands a trial by jury pursuant to Rule 38(b) of the
Federal Rules of Civil Procedure.

April 28, 2014 /s/ Andrew N. Thomases
ROPES & GRAY LLP
Telephone: (650) 617-4000
Facsimile: (650) 617-4090

SPANSION LLC

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